← Library
Patna High CourtCR. MISC./79129/2025allowed

Aasif @ Aasif Alam v. The State Of Bihar

2025-12-16Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79129 of 2025 Arising Out of PS. Case No.-145 Year-2025 Thana- Mufassil District- Purnia ====================================================== Aasif @ Aasif Alam Son of Nasim Akhntar R/o Mohalla- Majheli @ Jiyagachhi, P.S.- Muffasil, District- Purnea ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Pooja Prasad, Advocate Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 16-12-2025 Heard the parties.

2 The petitioner is apprehending his arrest in connection with Mufassil P.S. Case No. 145 of 2025 registered for the offences punishable under Sections 190, 191(2), 191(3), 115(2), 118(1), 126(2), 127(2), 121(1), 121(2), 324(4), 109, 132, 221, 303(2), 351(2) and 226 (F) of the Bharatiya Nyaya Sanhita, 2023.

3. Allegation against the petitioner is of casing obstruction in the discharge of official duty of the informant and others by participating in the agitation along with 80-90 persons, besides damaging the Government property and arson.

4. Learned Advocate for the petitioner submits that the F.I.R. has been instituted against 18 named and 80-90

Patna High Court CR. MISC. No.79129 of 2025(2) dt.16-12-2025 2/3 unknown persons by making omnibus nature of allegation. The petitioner was identified, based upon CCTV footage. However, it has not been disclosed as to what role had been played by the petitioner and thus the prosecution case has been actuated with mala fide. Taking note of the aforesaid facts, other co-accused persons, who are facing identical allegation, have been allowed the privilege of anticipatory bail by this Court in Cr. Misc. No. 74328 of 2025, by order dated 24.11.2025, the copy of the same has been placed before this Court. The petitioner bears fair antecedent and he undertakes that he will fully cooperate in the proceeding of the court.

5. On the other hand, learned APP for the State vehemently opposes the bail application.

6. Regard being had to the submissions made on behalf of the parties and taking note of the nature of the accusation, coupled with the fair antecedent, as also the fact that the case of the petitioner stands on similar footing with those, who have been granted anticipatory bail, let the petitioner, named above, in the event of his arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.79129 of 2025(2) dt.16-12-2025 3/3 two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Mufassil P.S. Case No. 145 of 2025, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioner. (Harish Kumar, J) uday/- U T